Rtgtg Research Paper Example Essay Example

Rtgtg Research Paper Example Paper That data includes, but is not limited to, student records, personnel records, business, and accounting records. The explosion of networks and Internet related informational activities means that this sensitive data is more conveniently available to authorized staff in ways undreamed of even a few years ago but is also at risk. M-DDCD must address the issue of the security of this data in such a way that all avenues of access are strictly controlled and that the privacy and value of the data are not compromised. The Office of Management and Compliance Audits (MAC), in concert with Loss of funding (for example, FEET) due to the transmission of incorrect data to other agencies Unfair penalty or advantage to students due to the transmission of incorrect data (for example, incorrect transcripts resulting in unfair penalty or advantage to students applying for college and/or scholarships) Loss of negotiating or advantage by unauthorized disclosure of lists and other business assets to vendors Liability for incorrect data (including State and Federal penalties) Errors in business decisions due to inaccurate data Negative publicity surrounding the use of incorrect data and subsequent regulatory enforcement Inability to process business transactions in a timely fashion or not at all Sensitive data is defined as any data that should only be viewed by authorized personnel. We will write a custom essay sample on Rtgtg Research Paper Example specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Rtgtg Research Paper Example specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Rtgtg Research Paper Example specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Data sensitivity is determined by, but not limited to, federal and state laws (including privacy acts), M-DDCD Board Policies, and decisions by senior staff and/or the data owners (see section 2. 1 of this document). 1. 3 Background of M-DDCD Data Security Historically, almost all M-DDCD data was kept on the M-DDCD mainframe at ITS and access was strictly controlled through the use of the mainframe IBM SO/390 Security Servers (RACE). As long as valuable data is kept on the mainframe, this accepted Trinidad-true method of protection will continue to be the mainstay of our mainframe security efforts. Moreover, it provides a model hierarchical protection scheme, which can be used in an expanded network security paradigm. This includes the delegation of local authorization duties to an approved supervisor at the site. Approved supervisors include school principals and department heads. 2. 0 Scope In this document, authorized staff will hereafter be defined as all M-DDCD employees, consultants, vendors, auditors, students, temporary help, volunteers, and others authorized by M-DDCD to use the specific M-DDCD computer systems, applications, and information required for the performance of their Job or function. These specific Page 2 of 2 functions are determined and/or approved by the site supervisor. Authorizations without the site administrators approval is prohibited. Modification of The following is a list of some of the individuals/resources the Network Security Standards apply to: All authorized staff, volunteers, students, and vendors as well as unauthorized parties seeking access to M-DDCD computer resources All M-DDCD mainframes, minicomputers, personal computers, outside timesharing reverie, outside suppliers of data, network systems, wireless devices, M-DDCD- licensed software, switches, routers, hubs, wireless devices, and computer workstations All M-DDCD data and reports derived from these facilities All programs developed on M-DDCD time or using company equipment All terminals, communication lines, and associated equipment on M-DDCD premises or connected to M-DDCD computers over physical or virtual links Any equipment not owned by M-DDCD but connected to the M-DDCD network. All M-DDCD staff and authorized non-staff must be aware of the risks and act in the best interest of M-DDCD. These standards detail staffs responsibilities for computer security. Unauthorized persons who attempt to use M-DDCD computer resources will be prosecuted to the fullest extent possible. 2. 1 Owners of Data All computer files and data are to be associated with a user. In general, unless otherwise specified, the head of the department who requested the creation of the files and programs that store and manipulate the data on the computer is the owner of the data. The owner is responsible for specifying whether the data is sensitive and which user-ids will be authorized to access it, or who will be responsible for giving ouch authorization. 3. Physical Security Adequate building security (both physical and environmental) must be provided for the protection of all physical and logical M-DDCD computer assets and especially sensitive applications and data. Security includes, but is not limited to, lockable doors and windows, limited access, protection from water, fire, and the elements, alarms, access controls, and surveillance devices such as cameras and monitors. Site supervisors must protect all hardware and software assigned to their location. Administrative computers must be segregated from classroom computers. Students ND unauthorized personnel should never have access to administrative machines. Page 3 of 3 4. Non-Mainframe System Security Non-mainframe systems (Local Area Network (LANA) and Wide Area Network (WAN)) must have the same protection methodology in place as do mainframes to ensure MADCAP computer assets are secure. Programmatic methods are to be used to control access to non-mainframe resources. These methods include defining specific users or groups to specific system resources, and use of the least privilege concept for access to all system-level resources such as the operating system, utilities, and databases. Least privilege is defined a s a default of no access to these resources and the requirement of explicit permission and authorization by the owner based on need. Non-Mainframe systems must be provided with: 1 . Auditing/logging of such security-relevant information as log-on information, resource access, and TCP/IP addresses whenever possible. 2. Security modifications and system administrator events. 3. Ability to audit [log specific users and resources on demand. 4. Ability to send specific security sensitive events directly to a specified administrators workstation, terminal, or e-mail, preferably with an audible alarm. . 1 M-DDCD Network Systems Security Network systems include any local area network (LANA)2, wide-area network (WAN)3, dial-up, Internet, servers, server connections, switches, hubs, routers, lines, software, and data that are outside the M-DDCD mainframe system. The security must include both physical and logical layers of protection. As M-DDCD moves from storing and transferring sensitive information used within the M-DDCD in a closed network architecture utilizing private and/or leased lines to an open network architecture using Internet and TCP/IP networks, employees must pay particular attention to the security of these assets. 4. 1. 1 Network Structure, Hierarchy, and Requirements As a statement of direction, all administrative PC-type servers in M-DDCD should migrate to the Windows 2003 (or above) operating system. Microsoft no longer supports Windows NT or Windows 2000 and will not provide fixes or reports for vulnerabilities, including any new ones found. No Windows NT servers are to be connected to the network and every effort must be made to remove Windows 2000 servers currently connected. Since these Operating Systems (SO) are unsupported, there is no anti-virus or patching available for them and they are therefore unprotected. Sensitive data should be moved to a server with a higher level SO. Applications should be updated to work on and be moved too higher level SO if at all possible. If an updated version is not available vendors must be notified that Page 4 of 4 they must provide an updated version of the application as soon as possible. All servers still using Microsoft Windows NT must be migrated to a Windows 2003 or above server platform immediately or disconnected from the network. Administrators of servers currently using Novella, or any other PC network operating system should also strongly consider migrating to Windows 2003 or above Server. Desktops and laptops connected to the network should similarly be migrated to Windows XP SSP or above to take advantage of higher levels of security. 2. The District employs Active Directory Services (ADS), a hierarchical process similar to a pyramid. Information Technology Services has established and maintains the root ADS (the top of the pyramid) for MADCAP and determines local and group policy settings. In Microsoft terms, this structure is best described as a forest. All other District servers will be added to the ITS established Active Directory forest. Below the root in the forest are Organizational Units (Us) that are the school and administrative sites in the District. These local US are simply smaller networks with their own Domain Controllers (DC) that connect to the M-DDCD network. These Dos are under ITS auth ority and are not to be managed in any way by the local OH administrators. Local OH administrators must strictly limit access to their OH from other US as well as the outside. ITS must have Enterprise Administrator rights to all US in the District forest. ITS must provide advanced notification of group policy changes. 4. Computers with Windows xx or earlier are prohibited from being connected to any M-DDCD network. The security features of this level of SO are extremely primitive and leave user accounts vulnerable to a variety of risks, including unencrypted caching of user-ids and passwords. As stated previously in this document, all Windows computer SO must be Windows XP SSP or above. This level SO provides protection from the various strains of worms, which propagate rapidly through networks via computers with a lower level SO. Although Windows 2000 workstations employ a better security paradigm than Windows xx, they are no longer supported by Microsoft and should be replaced and/or removed from the network as soon as possible, as described in preceding sections. 5. All locations must migrate from the original school and District networks to the decathlons network. Most of these are old networks with weak security and must be removed from production immediately. 6. M-DDCD Board Policies/directives/standards regarding the following topics must be read and followed at all times: M-DDCD Acceptable Use Policy of the Network/Lenten for staff http:// www. Enola. Com/mediated-FL/search/policies/p07540. 04. HTML M-DDCD Acceptable Use Policy of the Network/Lenten for students http:// www. Enola. Com/mediated-FL/search/policies/p07540. 03. HTML Page 5 of 5 M-DDCD Board Policy regarding Copyright http://www. Enola. Com/mediated-FL/search/policies/p02531. HTML M-DDCD Board Policy regarding staff use of District e-mail systems http:// www. Lola. Com/mediated-FL/search/policies/p07540. 05. HTML M-DDCD Board Policy regarding student use of District e-mail systems http:// www. Enola. Com/mediated-FL/search/policies/p07540. 06. HTML The Office of Management and Compliance Audits (MAC) web site, which includes the School IT Audit Assessment http://Mac. decathlon s. Net/audits/it. Asp 7. Each department or school must maintain a disaster contingency plan to provide for recovery of data in case of catastrophic loss. At minimum, all MADCAP data must be backed-up once a week and all mission-critical data must be backed-up daily. Data on the backup media will be verified as usable. 8. Administrative computers are defined as non-classroom computers on which M-DDCD requisition and business functions, exempt student academic and demographic data, staff e-mail directives, staff tasks, etc. Are stored and/or viewed. These computers should be kept physically and virtually separate from instructional computers. Students are not to have access, either physical or virtual, to production servers or any administrative computers. 9. Every effort should be made to secure classroom machines on which student testing, test grading and evaluation, grade book activities, and staff e-mail functions are carried out. This includes: a. Installing application passwords and timeouts, b. Up-to-date anti-virus software, c. Separate computers for teacher use only, d. He most current version of the Districts patch- management software to ensure the computer has the most recent software and operating system security patches, e. Installation of anti-spare applications when available, f. Possib le storage of grade and test data on removable (encrypted) media, and g. Limiting unsupervised student access as much as possible individual student accounts or common student accounts (STUDENT) should be separate from teacher accounts. Page 6 of 6 10. All administrative computers and server consoles that are used to access or control sensitive data must have a screen saver timeout and password after a specific period of inactivity or some other lockout mechanism to prevent unauthorized persons from accessing the data via the logged-in users account. The Windows timeout with password is available even if the specific application does not have one. Users should also be in the habit of locking their computer or logging off when they are finished or leaving the computer unattended, even for a brief time (See section 5. 1. 3 in this document). These computers may also have boot-up passwords. The timeout may be temporarily turned off by the local adman when the computer is to be used for presentations or other instructional activities but must be turned back on when the activity has been completed. 1 1 . Classroom computers are defined as computers used by students or servers that once instructional computers. There are to be no administrative applications, especially mainframe sessions, installed on any of these computers or servers. 12. Outside access to M-DDCD networks should only be through hardened Web servers. This means that Web servers should have no other applications running on them and should not connect easily to the rest of the M-DDCD network. Information on Web pages must be kept as current as possible. 13. Access to critical resources should be managed by assigning individuals to a group. The group should be set up with the authority necessary to do the specific job/task or access specific data. This will provide management with a more efficient method to remove access authority when a user no longer is responsible for performing the task. Group membership should be reviewed on a regular basis to ensure all members are appropriate. Under no circumstances should users be assigned data folder or application rights as an individual, except for home folders. 14. Locations maintaining their own network components must keep diagrammed documentation indicating how the network is physically conferred (I. E. , location of servers, switches, routers, etc. ). 15. All software that restricts, prevents or inhibits updates sent by ITS, including, but not limited to Deep Freeze, Fortress, Clean Slate, HAD Guard, and others of this type are not to be installed without written permission from ITS. 16. No form of Wake On Lana (WOOL) tool should be used to automatically turn on computers unless it is for immediate maintenance purposes, such as imaging or to allow monthly updates to be sent. The use of this type of a tool undermines the purpose and effect of the new Power Management Program, which is a District-wide initiative that will save millions of dollars and help reduce emissions (See 5. 0. 17). In addition, local power management settings on PCs should only be altered by ITS. Page 7 of 7 4. 1. 2 Data Access, Transfer and Communication 1 . Firewalls are servers that function as a barrier preventing unauthorized outside access to the M-DDCD network. Exceptions requiring access from the outside must be documented by filling out Its Remote Client Support Agreement IP Entry (FM-6045) (old), or either of the new VPN/Dial-Up Access Request forms (FM-6629, for vendors or employees). ITS will keep firewall audit logs and review them regularly for illicit activity against the firewall. 2. Access to secure mainframe applications via the network requires RACE authorization. 3. Dial-in to the M-DDCD network requires network authorization and access authentication. 4. Accessing District resources using Remote Access Services (RASA) such as Digital Subscriber Line (DSL), dial-in technology with a modem, from external providers may pose a risk to the network and the data. This provides a back door around network security by giving users a direct connection to a remote server. If remote access is authorized and sensitive/confidential data is to be transmitted, the line must be secured by Virtual Private Network (VPN), Secure Socket Layer (SSL), or some other genealogy that encrypts the data so that it is never transmitted in clear text. Hackers using sniffed technology often scan transmission lines looking for data they can use. Examples include user-ids and passwords, account numbers and financial information, student data deemed exempt from public release by state law, or Human Resource (HRS) data. 5. The use of communications software that provides the ability to remotely take over a network connected PC is prohibited unless authorized by ITS. If it is used, it should be strictly controlled by the local administrator and user. It should be turned on only when support is needed (and the user has given permission, if applicable) and immediately turned off once the support has been provided. Certain remote administration tools, like VAN freeware, are unsupported, have known security vulnerabilities, and are removed when found by the Districts anti-spare. ITS recommends district technical staff uses Damager as a low cost alternative to VAN. 6. Confidential data taken from the District, whether via laptop, Jump drive, removable media like a CD or floppy disk, PDA, e-mail, FTP, printed report, or any other method, must be encrypted, redacted, or otherwise terrorized so if the content falls in the wrong hands it cannot be misused. Agencies outside the school systems secure cloud that engage in File Transfer Protocol (FTP)5 operations or e-mail transmission with the District in which confidential data is transferred are to be encouraged to utilize an encryption process requiring asymmetrical (public and private) keys, such Page 8 of 8 as BGP (Pretty Good Privacy). Transfer of confidential data and any exceptions to the encryption process must be authorized by ITS. 7. Application software that has built- in security functions must have these functions activated when this software involves influential data. In addition, new software purchased to handle confidential data should have security capabilities as documented in sections 5. 1 Usuries and Passwords and 4. 0 Non-Mainframe System Security. 8. Users should be aware that unprotected folders on the network are prey to many different forms of hacking. It is the responsibility of the local site administrator to ensure that this data is secure. 9. Network Administrators, including ITS staff, are prohibited from viewing or otherwise manipulating user files on the users local drive without the permission of he user or the approval of appropriate administrative, legal or police staff unless there is a critical need to do so. Critical need is defined as faulty system function, virus activity, illicit hacking or Internet activities, pornographic or other offensive material activity, or other violations of District policies. These policies include, but are not limited to, the Network and Internet Acceptable Use Policy, the Staff and Student EMail Policies, the Copyright Infringement Policy, the Network Security Standards or any other District policy, Board Policy or directive relating to user conduct. It should e noted that the District e-mail policies discuss the lack of privacy in the e-mail system at length. 10. Personal or vendor-owned devices such as desktops, laptops, Personal Digital Assistants (Pads), etc. , or portable/removable storage devices/media such as Universal Serial Bus (USB) Jump drives should not be connected to any M-DDCD network without network administrator/site supervisor approval. These devices may carry applications, configurations, viruses, etc. That pose a risk to the network or may be used to remove sensitive data from the network. School system technicians may grant approval after,

Deep Vein Thrombosis Essay Example

Deep Vein Thrombosis Essay Example Deep Vein Thrombosis Essay Deep Vein Thrombosis Essay Essay Topic: Deep I am here to talk to you about deep vein thrombosis and about its causes and effects it can have on a person. You all have probably heard about this disease, but most likely have never encountered it. It is generally common to older people around 40 years plus and to people who have not had proper exercise. It is disease of the circulatory system causing a blood clot to form in one of the deep veins in the body, especially in the calf or thigh. This is where blood moves most slowly, and when a deep vein thrombosis occurs the blood goes so slow that it forms a solid wedge-like clot in the vein. Most of the time after the clot has happened pains can be felt where the clot has formed. Also the skin temperature can be raised around the clot and sudden swelling can be seen. Occasionally, some of the surface veins may be more visible than usual. If the clot has formed in the leg then flexing the foot may also cause pain. DVT can be quite easily detected. Scientists have found a way of using ultrasound technology to detect even the tiniest of clots. Another way is to give blood tests which would show the state of a by product of clotting material called D-dimer. If the doctor suspects a DVT, they usually would arrange an ultrasound test. You may think DVTs are life-threatening and easily cause deaths, but they are not. However, the complications can be fatal. The most common and most fatal complication is pulmonary embolism. Pulmonary embolism has a one in three chance of happening. This causes a piece of clot to break away and become lodged inside the lungs causing severe breathing difficulties. This is generally untreated and one in ten people with this die. Rarities include a piece being lodged in other parts of the body, including the brain. This could lead to a stroke. A less serious complication that affects most people after DVT is post-thrombotic syndrome which causes ulceration, swelling and pain at the skin around the vein valves where the DVT has occurred. Around seventy percent of DVT victims need to be cared for in a hospital during the initial stages as the doctors aim to dissolve the clot and stop further clots from forming. The most common type of treatment is to thin the blood, using the drug heparin, to make the blood flow easily. Patients are then given warfarin for several months to stop a haemorrhage from forming. Painkillers are also given as is heat to the area. There are many reasons why DVTs occur. The medical reasons that make them more likely to occur include a family history of the disease, cancer, obesity, and varicose veins. Paralysis or immobility also causes DVT. After a broken leg or major surgery DVTs are common because patients are unable to move discouraging blood flow. Nowadays patients are told to do exercise right from the beginning. Women who are taking the pill are four times more likely to have a DVT than those who are not as are women on hormone replacement therapy. Pregnant women or those who have just given birth are also more likely to experience then. However, the most common cause of a DVT to occur has only been discovered recently. A French study has shown that people who travel for long hours on a car, train or plane, are four times more likely to have a DVT than anyone else. There is an increased risk to air travellers as the inactivity and dehydration, make the blood sticky. Special compression stockings and foot cushions have been invented to reduce the risks of DVT in legs. Taking drug-thinning tablets, i. e. aspirin, before a long flight and waling around in the cabin can make it easy for the blood to climb up the veins, therefore reducing the risk of a DVT. Keeping mobile is vital especially after an operation. DVT has also been part of the media coverage over the past few years. Many newspapers and television news stations have reported on scientists findings and how DVT is a cause for concern. The government pledged over one million pounds into research of DVT and its link with air travel. After this many families of victims called on the many MPs to give better warning about DVT, this lead to TV campaigns and more awareness on planes. Airlines were told to make their planes a lot less cramped as they were also a major factor resulting in a DVT. However, airlines were later being sued for corporate manslaughter after many passengers continued to die due to Deep Vein Thrombosis. Ana article in the Daily Mail on the 22nd of October showed that fifteen families had asked police chiefs nationwide to investigate the deaths and then charge the airline bosses. Earlier in August the RAC foundation had warned drivers are at a risk as well as passengers on long drives. They warned that even younger drivers were at risk from a blood clot as well as older drivers. The foundation proved that it is not only airplanes that cause DVT, but that it is confined spaces and inactivity that causes them as well. The AA also backed this up by giving evidence of a taxi driver who died following long periods of time in his taxi. An inquest had found that he had suffered a DVT and it had moved up into his lungs before killing him. His widow believed the job was most definitely to blame. Many airlines have been forced to give compensation to families of victims and victims themselves. On the 18th of October this year a women won i 13000 from Virgin Atlantic because she suffered a DVT and many other injuries after she was crushed by a 23 stone American women on a flight. She complained to the air crew on board but there were no seats, therefore she had to suffer. Another court case this autumn will secure payments from airlines for half a million pounds for people who have died from DVT.

The ethical dilemmas surrounding gay marriages Research Paper

The ethical dilemmas surrounding gay marriages - Research Paper Example Despite that, the past Christianity was much stricter than the present (Jonathan, 2004). Regardless of such, there are ethical implications that surround such relations. They have not been accorded certain basic benefits, rights and protection granted to heterosexual couples under the state from the federal law. Though gay couple lives in relationships that have a strong commitment on love among one other, responsibility and a right to enter into relation with a partner they choose, they are denied certain human rights legal and economic stability given by institution of marriages. Gay Rights have been denied at many instances. From the article, wedding professionals in at least six states were reported on a case of antidiscrimination. The cake baker refused on religious Grounds offer services to gay couples. In another case at New Mexico, a supreme court ruled against Albuquerque photography business. They had violated state antidiscrimination law. They refused to take photos of a lesbian couple’s commitment ceremony. Moreover, a number of cases were pending in other states such as Colorado, Illinois, and New York and other (Jonathan, 2004). Religious rights deny Gays Equality. The acceptance of gays has continued to grow in America ,but most still strongly convict them that homosexuality is abhorrent ,as gays violates some of gods most basic commandment for humanity and that acceptance of gays in America in abhorrent to God. From the article, a person is quoted saying that his refusal to cake baking on same sex marriages was not motivated by â€Å"hatred of gays† but rather a â€Å"desire to live his life in obeying Gods word." Despite such, constitution guarantee of religious liberty that protects them both there believe the right to act on their belief. They are wrong. Religious Beliefs and Religious Acts-Religiously motivated discrimination is rampant among conservative Christians. They have failed to convince

Discussion Board 3-1 Essay Example | Topics and Well Written Essays - 250 words

Discussion Board 3-1 - Essay Example In that line, assessment plan should prioritize clients with mental disorder and subject to medical management. This population represents 15% of the 75% of the people with mental health disorder. The reason for prioritizing this population is that the nature of treatment (medical management) is less complex. At this level the assessment may involve reviewing compliance to prescription if available and response to medication. The next population in the assessment plan should be the 30% population with mental health disorder and subject to individual psychotherapy only. Assessment of this population will involve interviews of the clients and analysis of behaviors of the clients. Due to the bigger size of the population, the activity will consider three-quarter of the population as sample. Following will be the 15% of population with mental health disorder and subjected to family therapy. Assessment of this population will also involve interview of the individual clients and family members. In addition, assessment will analyze behaviors of the clients to determine any changes. The plan will then consider the 30% population with mental health disorder and subject to individual psychotherapy and medical management. Assessment of the population will combine techniques used in assessing both the treatment techniques (individual psychotherapy and medical management). Since the population is somewhat big, the as sessment will take three-quarter of the total subjects. The next in the plan will be the 10% population with mental health disorder and subject to both individual psychotherapy and family therapy models of treatment. Assessing the population at this position is important since the evaluator will benefit from the already explored issues when assessing the techniques individually. The task will be less complex and less confusing as would be if conducted earlier before considering the individual

Wills and Trusts Essay Example for Free

Wills and Trusts Essay Facts:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Tom is trustee of a trust created by Abe in 1986. The corpus consists of stocks and bonds worth $150,000, an apartment house appraised at $650,000 in a neighborhood which is becoming increasingly industrial, and a vacant lot. Yearly net income from the stocks and bonds is $12,000, and from the apartment house is $36,000. Tom has held the lot for five years, not wanting to sell it at a sacrifice because of the uncertainty of zoning and the location of a proposed highway. The trust instrument directs Tom to pay the income from the trust to Abe for life and, at Abes death, to divide the corpus between Abes children, Ben and Cathy to create two trusts. The two trusts are to continue for Bens and Cathys lives and then to be distributed to their children who are living when Ben or Cathy die. At the end of 1991, Tom sold the vacant lot for $50,000, the fair market value. He also sold some stocks for $35,000, realizing a $10,000 gain. Tom used this money along with $25,000 of accumulated rental income to build an addition to the apartment house. In another 1991 transaction Tom sold for $25,000 stocks that had been purchased in 1989 for $25,000, and lent the proceeds to PO Corp. at 1% below the prevailing interest rate. The loan is secured by a first mortgage on unimproved realty worth $30,000. For several years, Tom has performed substantial services for PO Corp. as a consulting engineer. He owns 100 shares of its common stock. There are 1,000,000 PO shares outstanding. In 1992, Tom allowed Ben to move into the apartment building. Ben got Tom to reduce the rent by $200 per month. Since Ben is an eventual beneficiary of the trust, he argued that he would simply let Cathy have more of the Trust money when Abe died to balance things out. Issue (1): Whether or not Tom breached his duties as trustee and, if so, what are his liabilities to the beneficiaries? Rule:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The issue in the case at bar is covered by the law on Trusts, which is basically formed by an arrangement whereby a property or a wealth owned by a person is managed by one person or an organization for the benefit of an individual or an organization. Relevant to this rule are the rights, duties and responsibilities of the settlor – the person creating the trusts, the trustee – the person for whom the property is entrusted, and the beneficiary – the individual for which the benefits of the trust is reposed. Analysis:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   It bears stressing at this point that an examination of the rights and duties of the parties, specially that of the trustee, to a trust is imperative in solving the instant issue.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As trustee, Tom’s duty is to carry out the express terms of the trust. To be able to do the express terms of the trust, he is duty bound to defend the trust, to prudently invest the trusts assets, to be impartial with respect to the beneficiaries, keeping them informed about the trust and to administer the same in the best interest of the beneficiaries. Additionally, Tom has the duty not to delegate, the duty not to profit and not to engage in activities that may result in conflict of interest position.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   With the forgoing considerations and upon close perusal of the facts of the case, Tom has breached his duties as a trustee. The express duty of Tom is the delivery of the income of the trust to Abe for life. As it is, Tom performed acts that prejudiced Abe’s interest in the income of the trust. When Tom sold some of the stocks and realized a $10, 000 gain, he should have delivered the same to Abe since it forms part of the income of the trust. The same is true with the accumulated rental income. It should not have been used to build an addition to the apartment house since it forms part of the income which should be delivered to Abe.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Tom is also liable for engaging in activities resulting to conflict of interest position. Notwithstanding the amount involved, his act of lending at 1% below the prevailing interest rate the proceeds of the sale of stocks to PO Corporation for which he renders services as a consulting engineer constitutes a breach of obligation on his part as trustee. In the first place, he is not authorized by the express letters of the trust to grant loans using the properties in trust. The breach was further aggravated when he lent the money to a corporation for which he owns shares of stocks and for which he is rendering substantial services.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Furthermore, the act of Tom in renting the apartment building to Ben at $200 per month less than the prevailing rent is also violative of his duties as a trustee. This would result in the reduction of the income from the apartment building by $2400 per annum to the detriment of Abe. The fact that Ben is an eventual beneficiary is of no moment. Ben has a future interest in the property but this does neither include the right to present possession nor enjoyment of the property. Since Abe is still living, it is only he who has the right to the income and enjoyment of the corpus as well as the income of the trust. Conclusion:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Based on the analysis made above, it is clear that Tom has breached his duties as trustee. His only liability is to Abe who was not able to receive all the income of the trust. As intimated above, Tom has no liability whatsoever to Cathy for like Ben, she is merely a remainderman who has a future interest in the corpus of the trust. She can neither possess nor enjoy the fruits of the trust while Abe is still living. Issue (2):   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Whether or not Abe received all the income to which he is entitled? Rule:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The rule applicable to this issue is the express provision of the trust instrument itself. The trust instrument directed Tom to: 1) deliver all income from the trust to Abe while the latter is still living; 2) divide the corpus between Ben and Cathy, Abe’s children upon the demise of the latter; and 3) distribute the same to their children who are living when Ben or Cathy die(Palermo). Analysis:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   A perusal of the facts of the case reveals that Abe was not able to receive all income that is due him. He was deprived of the $10, 000 gain realized from the sale of some of his stocks worth $35, 000. He was also deprived of the $25, 000 accumulated rental income. Both income were used by Tom to build an addition to the apartment house, when what he should have done according to the clear letters of the trust is to deliver the same to Abe.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Abe was also deprived of $200 per month when Tom reduced the rent by said amount to the apartment building when Ben, an eventual beneficiary, moved in. Conclusion By not adhering to the letters of the trust instrument, Tom has in effect deprived Abe of the income that the latter is supposed to be entitled to. The trust instrument clearly directed Tom to deliver all income of the trust to Abe for life. Reference: Palermo M. (2006). Crash Course in Wills And Trusts. Electronic article   http://www.mtpalermo.com/httoc.htm

Princess Diana Spencer Essay -- biographies bio biography

Princess Diana Spencer As I relax on a Sunday evening, breathe in fresh air before I enter my chamber, I catch a glimpse of something magically beautiful. With a long silk blue dress and a pearl-diamond tiara on her golden hair, the Lady, the Princess, the beauty of the world walks down the steps to the cheering crowds. She gives hope to her people when there is none. Sitting here, I feel her warm smile full of love and joy. This is my Diana, the light of this world! Diana’s childhood was full of wealth but lacked the happiness of a bonded family. Diana was born on a warm first day of July 1961. Diana lived in a very large house that had many facilities where she spent time with her siblings and Prince Andrew and Edward. Diana and her siblings were raised to be on their best behavior, and had self-discipline, respect, and proper etiquette taught by her noble parents. However, her parents started fighting when she was just six years old. The following year her parents divorced. Diana and her siblings were to stay with their father. Even though, nannies and servants took care of Diana and her little brother and sisters, the motherly care was missing. Diana felt abandoned and her soul felt deeply wounded. This was especially true for young Charles who missed his mother in an indescribable way. This was the time when Diana discovered her talent. By opening her heart to others, she numbed her own pain. Diana became a substitute mother for Charl es. She protected him and gave him love and warmth. Then, a scene of horror occurred for the nine-year-old Diana Spencer. Her father decided to send her to a boarding school. Diana was so shy, so vulnerable that it took her a long time before she could finally feel at ease in her new enviro... ...n the evening of Sunday the 31 of August. The coffin was moved several times until it was finally left at St. James’s Palace until the funeral on Saturday, September 6, 1997, in Westminster Abbey. After the funeral, the coffin was taken to the family estate at Althorp, for a private interment. The Princess was buried on an island in the center of an ornamental lake. Once I said that Diana is the light of this world. Now I know that these words were not strong enough. What she gave this world, to us her people is indescribable, but we do not seem to understand this until it is gone. Diana was a remarkable woman who gave light, hope, and love to this world. However, at the moment where she finally gained happiness and freedom she was killed. The harsh world took Diana away and left only the memories of this light, a gift from God, our Princes Diana in our hearts.

Political Philosophy of Thomas Hobbes and Rene Descartes Essay

â€Å"Politics should be the application of the science Of man to the construction of the community† Explain this remark and discuss what reasons there might be for thinking it is not trueIn this essay I intend to examine the political philosophy of Thomas Hobbes and Rene Descartes, in particular their ideas relating to the science of man, and attempt to explain why their ideas prove that it is not possible to construct a science of man. I will also briefly mention the philosophy of Donald Davidson in regards to a science of man. The theories of Hobbes and the contemporary socio-biologists attempt to recognise how man works and on that basis build a society. â€Å"Hobbes wished to be seen as the inventor of the science of politics† (Sorrell, p45) He went about this by looking at the psychology of man and discovering that man is a mechanism. Hobbes wanted to understand mechanics. He wanted to look at why men live the way that they do in society and therefore, breaks it down. By doing this he discovered that people are cogs in the social machine. Therefore he wants to examine this cogs to achieve an understanding of the social mechanism, and does this by looking at the psychology of the mind. Hobbes is both an empirist and a materialist. Empirists believe that sense gives all knowledge. Generally, they do not believe in astrology, god, electrons etc. Their philosophy is summed up by saying that all things that give true knowledge can be sensed. Materialists believe that all things in existence are physical matter. In other words, the soul and the spirit do not exist. Therefore Hobbes believes that thoughts are material, that they are caused by sense and vice versa. Tom Sorrell suggests in his essay, entitled â€Å"Hobbes’ scheme of the sciences†, that rather than have knowledge of how the mechanics of the mind’s passions work, a more successful way of gaining political knowledge is to understand what these passions cause. They cause various degrees of action, with the possessor going to various extents to achieve what they want. In chapter six of â€Å"De Corpere†, Hobbes makes a connection between the knowledge of the principles of politics and the knowledge of the motions of the average human mind. Hobbes’ account of political science is an idea of what man must do if his goal is self-preservation. These ideas are not what mankind will do but what it will have to do, in a rational way, to form a political civilisation. One would assume that as Hobbes identifies both a natural science (that of the work of nature), and a civil science – that of the common wealth – (which makes laws and wills), he would suggest that they are parallels which, in political philosophy, work together. However, there are a few problems with Hobbes’ theory. Hobbes suggests that a monarch makes a better sovereign than an assembly. Yet, surely he would not agree that a monarch who is not dedicated would be better suited than a group of thoughtful representatives. A politically secure society is built up from its people. Hobbes believes that these people all have one motivation; self-gain, or to be more precise self-preservation. Hobbes suggests that there is a link between voluntary motion and vital motion. He goes on to say that senses work together with the vital motions to produce that which is voluntary, i.e. an endeavour. These endeavours can be categorised in two ways; attractions and aversions. An example of an attraction is to pick up a piece of cake because it looks good. That of an aversion is to run away from a dog because you are scared of dogs. As it is possible to see these actions are derived from the senses, again agreeing with Hobbes empirist theory. Endeavours are the small motions within man which occur before he walks, talks, runs or carries out any other voluntary motion. These endeavours are so small that they are undetectable. By understanding why men act the way that they do, it is easier to come to a conclusion as to how society should be structured. However, the idea that the existence of a science of man can be questioned suggests that society can be constructed without it. This is due to the fact that many psychological and political theories are founded on the basis that there is a science of man. Without this â€Å"science of man† these theories are in turn questioned and therefore cannot be viably backed as reasons for the construction of the community. Another prolific philosopher whose arguments should be taken into account is Rene Descartes. Descartes thinks that we, as humans, are made up of two separate substances. The body is the physical stuff and the mind – the res cogitans (thinking thing) – purely mental stuff. The res cogitans can will your body to move. The difficulty with Descartes’ theory is that the mind and body interact; if you pour boiling water on you hand, you will feel pain. Again we have to take into account voluntary and vital motions. A voluntary motion is me moving my arm. A vital motion is my arm moving. I move my arm because I want to; but I may not necessarily want it to be moved. This can happen for a number of reasons. It may be possible that I have a muscle spasm in my arm or that somebody moves it. All of this suggests that for Descartes’ theory to be correct there must be some kind of connection between a material substance (the body) and an immaterial substance (the mind). However, we will find it impossible to understand the idea of a science of man if we cannot understand how the two substances interact. Therefore, again, we have no proof that it is possible to build a political philosophy on the basis of a science of man. On p213 of Davidson , we find an explanation of monisms and dualisms. â€Å"Theories are thus divided into four sorts: nomological monism, which affirms that there are correlating laws and that the events correlated are one (materialists belong in this category); nomological dualism, which compromises various forms of parallelism, interactionism and epiphenominalism; anomalous dualism which combines ontological dualism with the general failure of laws correlating the mental and the physical (cartesianism). And finally there is anomalous monism which shows an ontological bias only in that it allows the possibility that not all events are mental, while insisting that all events are physical. â€Å"The final position is that which Davidson himself follows. Davidson’s argument suggests that the psychology of man does not follow any causal laws. Therefore, it is impossible to impose any rationality on theories involving the mind. These anomological psychological states are defeasable. They are defeasable because it is possible that by adding another condition to the situation the expected behaviour changes. Therefore it is impossible to agree with any political philosophy that involves the necessity of a science of man. What is easily discovered is that there are many different political philosophies and many different concepts as to what is a science of man. Philosophers such as Hobbes and his counterparts, Mill and Marx, possess the shared assumption that political philosophers must accept the political opinion that they are arguing for. They all think that rational agents must accept their arguments yet they all have different arguments. They all believe that for a successful political structure human nature cannot be ignored, if the structure is to command respect. As I have shown, Descartes and Davidson on the other hand, believe that a science of man is impossible; Descartes because he believes that our minds are immaterial and Davidson because man’s behaviour follows no causal laws. All of this shows us that trying to interpret man’s actions and apply them to a science is an impossible conquest. Man is too complicated a mechanism to understand and therefore political philosophy, for a sensible and rational social structure, must be founded on another basis.